Opinions May 24, 2011

May 24, 2011
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Indiana Supreme Court had posted on opinions by IL deadline.

Indiana Court of Appeals
S.W. by P.W. v. B.K.
Protective order. Reverses trial court’s denial of S.W.’s motion to correct error, remands for a hearing on civil contempt petition, and orders S.W. to be reimbursed $250 appellate filing fee. Held that Indiana code states filing fees will not be assessed for a proceeding seeking relief from or enforcement of a civil protective order.

Paternity of A.S.; B.S. v. E.M.
Juvenile paternity. Affirms trial court’s award of primary custody to mother and remands to trial court for determination of how and when the father may make-up lost parenting time.

Wastewater One, et al. v. Floyd County Board of Zoning Appeals, et al.

Civil plenary. Affirms the trial court’s findings of fact, conclusions of law, and judgment affirming the Board of Zoning Appeals’ denial of the applicant’s conditional use of application for expansion of a sewage treatment plant.

Harold E. York v. State of Indiana
Criminal. Dismisses Harold York’s interlocutory appeal previously granted by the Court of Appeals, in anticipation of the defendant claiming the trial court should have granted his motion to dismiss the charge of Failure to Register as a Sex Offender, a Class D felony. In its decision to dismiss, the appeals court held that the state did not allege York had failed to register under the lifetime requirement, but that he violated the Registration Act by failing to include his fiancee’s house as his residence.  

Term. of Parent-Child Rel. of K.K.; C.W. v. IDCS (NFP)
Juvenile. Affirms termination of parental rights.

Christian D. Howard v. State of Indiana (NFP)
Criminal. Affirms trial court’s revocation of probation and decision to allow hearsay testimony.
Indiana Tax Court had posted no opinions by IL deadline.


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  1. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well